How Long Do I Have to File a Personal Injury Lawsuit in New Mexico?

When you’ve been injured in an accident, your focus is on recovery, whether that be medical treatment, getting back to work, or managing day-to-day challenges. But if someone else’s negligence caused your injuries, there’s another critical factor to keep in mind: time. New Mexico law limits how long you have to file a personal injury lawsuit and missing that deadline can cost you your right to compensation.

At VOZH Law, we’ve helped countless injury victims navigate this process. Here’s what you need to know about the statute of limitations for personal injury in New Mexico and why it’s important to act sooner rather than later.

What Is the Statute of Limitations in New Mexico?

The statute of limitations is the legal deadline for filing a lawsuit. In New Mexico, the general statute of limitations for most personal injury claims – including car accidents, slip and fall cases, and other negligence-based claims – is three years from the date of the injury (N.M. Stat. Ann. § 37-1-8).

This means if you were injured on September 15, 2025, you would typically have until September 15, 2028, to file your lawsuit in court. If you miss that deadline, the court is almost certain to dismiss your case, no matter how strong your claim may be.

You can read the full statute here on the New Mexico Legislature’s website.

Are There Exceptions to the Three-Year Rule?

Yes, while three years is the standard, certain situations may shorten or extend the filing deadline. For example:

• Claims against government entities: If your injury involves a city, county, or state agency, New Mexico law requires that you provide written notice within 90 days and file your lawsuit within two years (N.M. Stat. Ann. § 41-4-15).
• Medical malpractice: These claims typically have a three-year statute of limitations, but special rules may apply if the injury was not immediately discovered.
• Claims involving minors: If the injured person is under 18, the three-year clock doesn’t start until they turn 18, giving them until their 21^st birthday to file.

Because these exceptions are complex, it’s important to speak with an attorney who can evaluate how the statute applies to your specific case.

Why Filing Early Matters

Even though three years may sound like plenty of time, waiting too long can harm your case. Evidence like medical records, witness statements, and accident reports are easier to collect soon after the incident. The longer you wait, the more difficult it can be to prove your claim.

Insurance companies also pay attention to deadlines. If they know the statute of limitations has expired, they have no incentive to negotiate fairly, since they know you can no longer take your case to court.

What If the Deadline Has Passed?

In most cases, missing the statute of limitations deadline means you lose your right to file a lawsuit and recover damages. There are very few exceptions, and courts rarely allow late filings. That’s why consulting with a personal injury attorney as soon as possible is critical.

How VOZH Law Can Help

At VOZH Law, we make sure our clients understand their timelines and preserve their right to compensation. Our team:

• Reviews your case details and determines the correct filing deadline.
• Collects the evidence needed to strengthen your claim.
• Negotiates with insurance companies to pursue the settlement you deserve.
• File your case in court, if necessary, always before the statute expires.

Don’t Wait to Protect Your Rights

The statute of limitations for personal injury in New Mexico is strict, but with the right legal guidance, you can take action before time runs out. Whether your case involves a car accident, slip and fall, or another injury caused by negligence, acting quickly is the best way to protect yourself.

Contact VOZH Law today for a free consultation. Our experienced attorneys will review your case, explain your options, and make sure your claim is filed on time so you don’t lose your chance at recovery.